One definition of insanity is doing the same thing over and over and expecting to get a different result.  Well apparently here we go again.

Phoenix New Times:  “Brahm Resnik of Channel 12 News (KPNX-TV) just tweeted that Governor Jan Brewer ‘indicates she will refile lawsuit to block medical marijuana law.’ . . . If Brewer does plan to refile the suit, perhaps she’ll finally take the position that she’s avoided taking since May — that she believes the medical-pot law is illegal and should be struck down. Of course, taking such a stance would only sink her finger deeper into the eye of voters . . . . Brewer and Horne, die-hard opponents of medical marijuana that they are, may have other tricks up their sleeve.  They probably figure there’s more than one way to skin the voters.”

You would think that the Gov and her mouth piece would be embarrassed about their recent humiliation in federal court and stop trying to invent a lawsuit they can use as the basis for not enforcing and implementing Arizona’s medical marijuana laws that were approved by the Arizona voters when they passed Proposition 203 in November of 2010.  Tom Horne is the top attorney for the State of Arizona.  He has a large highly paid staff of attorneys who work for him and they have years of legal experience.  Together Mr. Horne and his crackerjack staff researched the law and used all of their considerable legal brain power to draft the complaint and sue the U.S. because – this is where it gets murky – something the federal government has never done (i.e., prosecute state employees who implement medical marijuana laws in states that approved the use of medical marijuana) might happen maybe if perhaps possibly who knows when some time in the future.  They didn’t even take a side for or against the lawsuit they filed.

Governor Brewer and Attorney General Horne took their best shot and the federal judge thumbed her nose at them and threw the lawsuit out at the first opportunity in response to a motion to dismiss filed by the ACLU.  For non-lawyers a motion to dismiss is where a defendant in a lawsuit says to the judge even if EVERYTHING THE PLAINTIFF SAYS IS TRUE THE PLAINTIFF DOES NOT HAVE A CASE!!!  Judge Bolton threw out the lawsuit because she said the State did not have a basis to file the lawsuit.  Why didn’t the Attorney General and his attorneys know they were filing a lawsuit that should never have been filed?  Perhaps some heads should roll in the AG’s office because if your job is to sue on behalf of Arizona and you are not smart enough to recognize a bogus lawsuit when you see one something is terribly wrong.

Consider the significance of losing the motion to dismiss.  Judge Bolton in effect gave Attorney General Horne an F in filing lawsuits.  Rather than being embarrassed by their incompetence and apologizing for wasting the State’s time and money and that of the defendants, the co-conspirators in not enforcing Arizona medical marijuana laws (Governor Brewer and Attorney General Horne) apparently will regroup and dream up another reason to not enforce Arizona law.  Maybe their goal now is to show the people of Arizona they are not incompetent.

Read “Brewer will continue marijuana fight in court.”

KPHO.com:  “A medical marijuana dispensary may be coming to a neighborhood near you.  After a federal judge’s ruling yesterday, card carriers said they are one step closer to getting what they want.  ‘By the thousands, hundreds of thousands, we see people come in here every day,’ said We Grow Owner, Sunny Singh, ‘We are not a dispensary. We don’t have any marijuana here.’ . . . ‘Any person or business, who is dealing in medical marijuana, is trafficking in marijuana and that’s a class two felony,’ [Maricopa County Attorney Bill] Montgomery said.”

The County Attorney conveniently forgot to mention that he was talking about federal law, not Arizona law which is his job to enforce.  He should have said “Any person or business, who is dealing in medical marijuana and compliance with Arizona’s medical marijuana laws is NOT trafficking in marijuana and DOES NOT COMMIT A CRIME UNDER ARIZONA LAW.

Phoenix New Times: “Governor Jan Brewer and her legal counsel will study today’s dismissal of her lawsuit against the medical marijuana law while keeping a ban on dispensaries, a spokesman says. . . . It was a thinly disguised attack on a state law that they didn’t like. It also exposed Brewer as a hypocrite on the issue of states’ rights. Her attack on medical marijuana took place even as she and Horne spent taxpayer dollars defending two state anti-illegal-immigrant laws that the federal government claims are unconstitutional. . . . Brewer’s position, then, assumes a truly silly idea: That Will Humble, director of the state DHS and his underlings will be prosecuted by the feds for following state law.  This is a straw-man argument, though, apparently intended as a tactic in Brewer’s fight against the pot law.”

Arizona Republic:  “A federal judge dismissed Arizona’s medical-marijuana lawsuit Wednesday, saying the state couldn’t show workers were at risk of prosecution for following the voter-approved state law.  U.S. District Court Judge Susan Bolton’s ruling removes the obstacle that Gov. Jan Brewer and state health officials said prevented the state from issuing permits for medical-pot dispensaries.  Brewer spokesman Matthew Benson said the governor would consult with Attorney General Tom Horne before deciding whether to appeal.”

Phoenix New Times:  “Governor Brewer’s Lawsuit Against Medical Marijuana Law Dismissed by Federal Judge. . . . In her new ruling, Bolton notes that ‘no credible evidence’ exists that state workers are at imminent risk of prosecution by administering the pot program. . . . We’ll contact the Gov’s office to find out if their mission to thwart the will of voters has a Plan B.”

Mmj Lawsuit Dismissed